Madrid System For International Registration
What is the protocol of Madrid agreement?
It is international treaty which gives the right to the natives of members countries to have certain procedures enable them to protect their trademarks for services and goods in export market . Madrid protocol was in 1989 and it put into force in the first of December in 1995.
What is the Madrid protocol?
It is independent treaty from Madrid agreement concerning international registration for trademarks and it was adopted in 1891. The last modification for it was in 1967 in Stockholm (Stockholm document).
The membership in Madrid protocol is not one condition to be membership in Madrid protocol .
WIPO manages Madrid agreement and protocol. It is headquarters in Geneva .
Syria has joined to Madrid protocol and agreement concerning international registration for the trademarks in 2004.
The advantages of joining to Madrid protocol:
It supports it exports by protecting its trademarks abroad. In addition, companies which are in the land of other contracting parties are allowed to get protection for their trademarks in the country which is joined to Madrid protocol easily. In fact, It is enough to designate the country in its application.
It is clarified from statistics that joining to Madrid protocol leads to gradual increase in the numbers of asked marks in the joining country . As a result of gathering between the number of received applications on the national level and the designation on the international one . Because , it is financially, easier for the owner of the mark to designate country in his international application.
The international application ( from Syria):
It is presented in the application form and it is send to the international bureau through the directorate of protection in English or French language , the application examined by the directorate.
The directorate certifies that the following information of the international application is the same information which the basic application or the basic registration contains according to the rules of Madrid protocol and executive list which is between them.
The receiving date and the signature is defined by the directorate .
Then the international application has all the conditions .After that, the international bureau certifies the application.
International Registration( which Syria is contracting part):
After receiving the notification which includes Syria designated to refits international trademarks , the directorate examined the application. The same procedures of the national application has to be practice on the international one. After taking decision , the international bureau has to be designated with approval. In the case of refusal , the international bureau has to be designated with temporary refusal clarifying the whole reasons of refusal , the name and address of the holder, a copy of the trademark , list of goods and services, period of objection , the authority which the objection has to be present to , the signature of the directorate period of objection from the date of the notification of the international bureau with temporary refusal.
The international bureau should be notified through one year from the date of the notification or through 18 months for some protocol countries . In the case of presenting objection , the application has to be restudied . According to this, they take decision with drawing the refusal or fix it .
The Influence Of The International Registration:
The international registration which is Syria designated in has the same Influence from the date of the international registration. As if the trademark deposit directly in the bureau.
Renewal:
The international trademarks renewed after ten years. It gives six month to renew the international registration by paying additional fees according to the executive list.
Changes In The International Registration:
The property of the trademark which is registed internationally can be removed and allowed to be use . It can be change the name or the address or the holder or limits the services or goods , canceling after paying the fees which are adopted by the executive list.
The Fees :
The registration of any trademark in the international bureau requires international fees which is already paid:
• Basic fees
• Additional fees on every kind after the third kind in the international registration.
• Complementary fees on every application for dilatation the protection.
• The countries of protocol could define single fees instead of additional or complementary fees.
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Madrid Agreement Concerning the International Registration of Marks
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